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All Journal Jurnal El-Thawalib Jurnal Keadilan Pemilu Jurnal El-Thawalib
Yakub, Sandra Leoni Prakasa
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Religion Law, Crime, Criminology & Criminal Justice Other

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PENGARUH METODE SAINTE LAGUE DALAM PENENTUAN ALOKASI KURSI DI DPR/DPRD PROVINSI DAN DPRD KABUPATEN/KOTA Yakub, Sandra Leoni Prakasa; Fathin, Siti Labiba
Jurnal Keadilan Pemilu Vol. 4 No. 2 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i2.424

Abstract

The main problem of this research is the use of the Sainte Lague vote conversion method in electing members of the House of Representatives (DPR)/Regional Legislative Council (DPRD) Province or the Regional Legislative Council (DPRD) Regency/City. The application of the sainte lague method is contained in Article 415 paragraphs (2) and (3) of Law Number 7 of 2017 concerning general elections. The approach method used is normative juridical, with secondary data collection methods in the form of primary, secondary, and tertiary legal materials. The results of the study show: first, in the 1999, 2004, 2009, and 2014 elections, Indonesia used the hare vote conversion method, and in the 2019 elections, Indonesia used the sainte lague vote conversion method; second, the application of the vote conversion method will actually injure human rights, the principle of popular sovereignty, the concept of democracy, and the purpose of elections. To create a democratic electoral system, the author proposes abolishing the vote conversion method and calculating the winners of the DPR/DPRD Provincial and DPRD Regency/City elections based on the majority of votes they receive.
The Mechanism of Pregnant Women's Marriage Out of Wedlock at the Sindangkasih District Religious Affairs Office from the Perspective of Islamic Law and Indonesian Positive Law Septian, Muhamad; Atqia, Muhamad Reza; Laela, Novia; Yakub, Sandra Leoni Prakasa; Suryani, Santi
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17437

Abstract

One phenomenon that continues to generate debate is the practice of marrying pregnant women out of wedlock. Therefore, the purpose of this study is to examine the practice of marrying pregnant women out of wedlock through a comparative analysis of Islamic law, Indonesian positive law, and their implementation at the KUA (Religious Affairs Office) in Sindangkasih District. The study used field research with a qualitative approach. Data sources included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, while secondary data sources included fiqh literature, laws and regulations, and other documents. Data collection techniques included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, and were analyzed using qualitative descriptive techniques. The results of the study indicate differing views in fiqh, with some schools of thought permitting marriage with men who impregnate before birth, while others require a delay to maintain clarity of lineage. In positive law, Article 53 of the Compilation of Islamic Law (KHI) takes a pragmatic approach, permitting such marriages as a form of protection for children and to prevent social stigma. Field findings show variations in practice among marriage registrars due to differences in moral interpretation, social pressure, and understanding of the rules. This study concludes that harmonization among fiqh norms, state regulations, and social dynamics is key to ensuring the continued relevance and contextual applicability of Islamic family law in modern society.
The Mechanism of Pregnant Women's Marriage Out of Wedlock at the Sindangkasih District Religious Affairs Office from the Perspective of Islamic Law and Indonesian Positive Law Septian, Muhamad; Atqia, Muhamad Reza; Laela, Novia; Yakub, Sandra Leoni Prakasa; Suryani, Santi
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17437

Abstract

One phenomenon that continues to generate debate is the practice of marrying pregnant women out of wedlock. Therefore, the purpose of this study is to examine the practice of marrying pregnant women out of wedlock through a comparative analysis of Islamic law, Indonesian positive law, and their implementation at the KUA (Religious Affairs Office) in Sindangkasih District. The study used field research with a qualitative approach. Data sources included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, while secondary data sources included fiqh literature, laws and regulations, and other documents. Data collection techniques included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, and were analyzed using qualitative descriptive techniques. The results of the study indicate differing views in fiqh, with some schools of thought permitting marriage with men who impregnate before birth, while others require a delay to maintain clarity of lineage. In positive law, Article 53 of the Compilation of Islamic Law (KHI) takes a pragmatic approach, permitting such marriages as a form of protection for children and to prevent social stigma. Field findings show variations in practice among marriage registrars due to differences in moral interpretation, social pressure, and understanding of the rules. This study concludes that harmonization among fiqh norms, state regulations, and social dynamics is key to ensuring the continued relevance and contextual applicability of Islamic family law in modern society.
Co-Authors Atqia, Muhamad Reza Fathin, Siti Labiba Laela, Novia Septian, Muhamad Suryani, Santi